Shameka Bolton, Individually and On Behalf of All Others Similarly Situated v. U.S. Nursing Corp.

January 7, 2013

SHAMEKA BOLTON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.U.S. NURSING CORP., AND DOES 1 THROUGH 50, INCLUSIVE,DEFENDANTS.

The opinion of the court was delivered by: The Honorable Laurel Beeler

CLASS ACTION [PROPOSED] STIPULATED PROTECTIVE ORDER

2 information, corporate trade secrets or other confidential information for which special protection 3 from public disclosure and from use for any purpose other than prosecuting this litigation would 4 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the 5 following Stipulated Protective Order. The parties acknowledge that this Order does not confer 6 blanket protections on all disclosures or responses to discovery and that the protection it affords 7 extends only to the information or items that are entitled to protection as described herein. The 8 parties further acknowledge, as set forth in Section 12, infra, that this Stipulated Protective Order 9 creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth 10 the procedures that must be followed and reflects the standards that will be applied when a party 11 seeks permission from the court to file material under seal. 12

26 this Order ("Designating Party") must take care to limit any such designation to information that 27 qualifies under the appropriate standards. Mass, indiscriminate, or routinized designations are 28 prohibited.

-2- [PROPOSED] STIPULATED PROTECTIVE ORDER

1. Discovery in this litigation may involve production of personal, private

DEFINITION OF "CONFIDENTIAL" INFORMATION

2. For the purposes of this Order, "Confidential Information" means

(a) Information that constitutes a "trade secret" in accordance with the Uniform Trade Secrets Act, meaning information, including a formula,

i. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by

proper means by, other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy;

(b) Information, materials, and/or other documents reflecting non-public business or financial strategies, and/or confidential competitive information which, if disclosed, would result in competitive harm to the disclosing party; and

(c) Information subject to federal or state privacy rights, including private consumer information.

DESIGNATING PROTECTED MATERIAL

3. Each party or non-party that designates information or items for protection under

4. If documents being produced or written discovery responses being served contain

Confidential Information, counsel for the Designating Party may identify such information or 3 documents as Confidential Information by placing or affixing on the first page of the material and 4 on each page of the material, in a manner that will not interfere with the material's legibility, the 5 word "Confidential." 6

5. If Confidential Information is used or marked as an exhibit in a deposition, or if Designating Party may identify such information or documents as Confidential Information by 10 informing the court reporter and counsel for the other parties of the claim of confidentiality either 11 contemporaneously on the record during the deposition or in writing within 30 days after having 12 received a copy of the deposition transcript. Transcript pages designated as containing 13

Confidential Information must be identified by the court reporter by affixing to the top or bottom 14 of each such page the legend "Confidential," as instructed by the Party or nonparty offering or 15 sponsoring the witness or presenting the testimony. All transcript pages and testimony designated 16 as Confidential shall be treated as Confidential Information, pursuant to the terms of this Order, 17 except as otherwise agreed in writing by each party claiming confidentiality or as otherwise 18 ordered by the Court. 19

21 any way communicated, orally, in writing, or otherwise, by the parties, their counsel, or any of 22 their representatives, agents, expert witnesses, or consultants, to anyone for any purpose 23 whatsoever, other than as reasonably necessary by the parties and their counsel for the preparation 24 and trial of this action. Access to Confidential Information shall be limited to those persons 25 designated below as "Qualified Persons": 26

ACCESS AND USE OF CONFIDENTIAL INFORMATION

6. Confidential Information shall not be used or shown, ...

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